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SENATE DOCKET, NO. 2143 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1419
The Commonwealth of Massachusetts
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PRESENTED BY:
Mark C. Montigny
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to prevent undue influence on prescriber behavior.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Mark C. MontignySecond Bristol and Plymouth 1 of 3
SENATE DOCKET, NO. 2143 FILED ON: 1/20/2023
SENATE . . . . . . . . . . . . . . No. 1419
By Mr. Montigny, a petition (accompanied by bill, Senate, No. 1419) of Mark C. Montigny for
legislation to prevent undue influence on prescriber behavior. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1480 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act to prevent undue influence on prescriber behavior.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Section 1 of chapter 111N of the General Laws, as appearing in the 2020
2Official Edition, is hereby amended by inserting before the definition of “Person” the following
3definition:-
4 “Modest Meals and Refreshments,” food and/or drinks provided by or paid for by a
5pharmaceutical or medical device manufacturing company or agent to a health care practitioner,
6the cost of which does not exceed the allowance defined by the U.S. General Services
7Administration for the Massachusetts per diem localities. The allowable amounts for modest
8meals and refreshments shall be updated on an annual basis in accordance with the U.S. General
9Services Administration meal allowance rates. 2 of 3
10 SECTION 2. Clause (6) of the third paragraph of section 2 of said chapter 111N is hereby
11amended by adding after the word “regulation” the following words:- consistent with section 1
12of this chapter. For the purposes of this section, presentations that occur in a manner conducive
13to informational communication shall prohibit the provision of and pharmaceutical or medical
14device manufacturing company payment for any form of alcoholic beverage. Meals and
15refreshments shall be provided within the context of the informational presentation, and shall not
16occur prior to or following the educational presentation. Presentations shall not occur in locations
17that are otherwise recreational in nature, including, but not limited to, resorts, sporting clubs,
18casinos or other vacation destinations.
19 SECTION 3. Section 2A of said chapter 111N is hereby amended by inserting, after
20clause (3), the following clauses:
21 (4) total amount spent on meals for such presentation;
22 (5) total amount spent on the venue for such presentation;
23 (6) a description of the content of such presentation;
24 (7) total number of prescriber attendees at such presentation;
25 (8) names of attendees present at such presentation;
26 (9) names and credentials of presenters at such presentation; and
27 (10) total amount spent on other items of economic value provided at such presentation. 3 of 3
28 SECTION 4. Subsection (1) of section 6 of said chapter 111N is hereby amended by
29adding the following sentence:- The department of public health shall collect receipts for all
30required reporting expenditures pursuant to this section and section 2A of this chapter.